The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-06-10
An improbable Story.

The story that has been circulated at
Washington for day or two, that the In
ter-State Commerce Commission is Illegally
organized, and is therefore, without author
ity to act, and that when the attorneys OF
the railroads get ready they will attack it
III the courts and show that its decisions
have no binding force, is doubt
less without much, if any, fouu-
dation. 1t is based upon the
theory that, under the law, the Commission
should have been appointed before the ad-
Journment of Congress, and that its mem
bers should have been confirmed before
exercising authority.
1t is true that the interstate commerce
law provides that the commission shall be
appointed by the President by and with the
advice and consent of the Senate, and it is
also truesthat the sections of the law which
provide, for the appointment of a commits
sion took effect immediately after the sign
ing of the bill by the President, while the
other sections did not take effect until sixty
days after that time. This would seem
to indicate that it was the inten-
ton of Congress that the commits
sion should be appointed before the
adjournment of Congress, so that
its members could be confirmed, but it does
not follow that because the commission was
not appointed until after Congress adjourn
ed it is an illegal body. The President has
authority under the constitution to fill all
vacancies that may exist during the vaca-
tions of Congress, and it will hardly be de
MED that the offices of the commission were
vacant at the time the appointments were
made
When Congress meets the Commissioners
will be reappointed, and, doubtless, con-
! firmed If they should not be their com
missions would expire at the end of next
session of Congress The President delayed
appointing the commission long time, not
because he did not wish to submit the names
of his appointees to the Senate at its last
session, but because he was anxious to get
the very best men obtainable as Commits
soners. That he succeeded admirably in
doing that is shown by the fact that what
ever may have been said against the inter
state commerce law not a word has been
said against the commission.
But why should the railroads want to
have the commission declared illegal and its
acts to be without force! They have been
benefited by what the commission has done.
The long and short haul clause has been slls-
pended in about every case in which sls-
pension has been asked. If it had not been
for the commission that clause of the law
would have been in force in all parts of the
country. The railroads have been benefited
by the commission according to their own
showing, and they should be the last
ones to complain of the acts of which
they have taken advantage. The truth,
doubtless, is that there is nothing in this
Washington story. 1t was given currency,
perhaps, with the hope of creating a
sensation. 1t would appear to be little
more reasonable if it were alleged that those
who want the long and short haul clause en-
forced, and who fear that the suspension of
that clause will be renewed after the present
suspension expires, were intending to attack
the commission. 1t is not probable, how
ever, that anybody is going to attack it at
present